International Journal of Trend in Scientific Research and Development (IJTSRD)
Volume: 3 | Issue: 3 | Mar-Apr 2019 Available Online: www.ijtsrd.com e-ISSN: 2456 - 6470
Violence against Women with Special
Reference to Domestic Violence Act, 2005
Avrida Jan
LLM, Chandigarh University, Ajitgarh, Punjab, India
How to cite this paper: Avrida Jan
"Violence against Women with Special
Reference to Domestic Violence Act,
2005" Published in International
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Issue-3, April 2019,
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ABSTRACT
This paper examine violence against women emanates from the social
hypothesis of superiority of men over women. Insubordination of women
legitimizes gender violence and grants social sanction to the ignoble treatment
meted out to women. Manifestations of violence encompass physical aggression,
such as blows of varying intensity, burns, sexual abuse and rape, physiological
violence through insults, humiliation, coercion, blackmail, economic and
emotional threats and control over speech, action and behavior. In extreme cases
the result of this violence is death. The incidence of violence prevalent in manwoman relationship takes place in the context of the family, state and society. In
most cases the male aggression towards women and girls remains tacit, hidden
or unrevealed.
Copyright © 2019 by author(s) and
International Journal of Trend in
Scientific Research and Development
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KEYWORDS: violence, women, physical aggression, sexual abuse
INTRODUCTION
It is thoughtless to condemn them, or laugh at them, if they
seek to do more or learn more than custom has pronounced
necessary for their sex.
Jane Eyre by Charlotte Bronte
As more and more women's in the county started
proclaiming their rights, got educated and took jobs, they
increasingly became targets of attack. Violence against
women in the country is on increase. In spite of the awful
and alarming picture, the police reaction to violence against
women continues to be exceptionally insufficient and
unfortunate. Regrettably, the violence is still with us, many
centuries on. In 2018, women still live in fear and mental,
physical and sexual abuse, and who is one to explain the fact
that men are still beating up women in our modern,
democratic society? The increase in violence against women
calls for a quick and proper response from the police and
media agencies on all such complaints. But disparity in law
enforcement, cold police response and fear of social
indignation she deny her right to access to justice1.
WHAT IS VIOLENCE AGAINST WOMEN
Violence against women is any act of gender-based violence
that results in, or is likely to result in, physical, sexual or
mental harm or suffering to women, including threats of
such acts, arbitrary deprivation of liberty, whether occurring
in public or private life. It is one of the most pervasive of
human rights violations, denying women and girls equality,
security, dignity, self-worth and their right to enjoy
fundamental freedoms. Violence against women is present in
every country, cutting across boundaries of culture, class,
education, income, ethnicity and age. The global dimensions
of this violence are alarming. Violence against women
continues to be a global epidemic that kills, tortures and
maims - physically, psychologically, sexually and
economically. Everywhere, women are vulnerable to
violence and exploitation. Violence against women is a
manifestation of historically unequal power relations
between men and women, which have led to domination
over, and discrimination against, women by men and to the
prevention of full advancement of women2.
The term violence against women has been used to describe
wide range of acts, Including rape, murder, sexual assault
physical assault, emotional abuse, battering, Stalking,
1
Heise,Lori, J. Pitanguy, and A. Germaine.1994. "Violence
against Women-The Hidden Health Burden." Washington, D.
C.:World Bank Discussion Papers
2
Kabeer,N.1998."Money Can't Buy Me Love? Evaluating
Gender, Credit and Empowerment in Rural Bangladesh." IDS
Discussion Paper 363.Uk:University of Sussex.
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prostitution, genital mutilation, sexual harassment and
pronography. There is little consensus in the still evolving
field on exactly how to define violence against women.
Indian women have always been considered to be oppressed
or unfairly treated section of the society. Men have always
treated women like dirt under ones's feet. Although, efforts
were made, even in Shastras and Puranas too, electrify and
exalt the image of women by associating it with Goddess
Durga. Yet it is ironical that India became the patriarchal
society in which a male person is considered to be the head
of family or male dominated society. India has adopted the
convention on the Elimination of All forms of Discrimination
against women and the Universal Declaration of Human
Rights, both of which ensure that women are given equal
rights as men and are not subjected to any kind of
discrimination. The Constitution of India also guarantees
substantive justice to women. There are certain Conventions
or laws on International as well as national level through
which a woman can be protected from all forms of
discrimination including domestic violence too.
As shown by latest masterminded by India's National
Wrongdoing Record Agency, a wrongdoing has been
recorded against ladies in at customary interims in India. At
Standards interims, two women are struck in this country. At
customary interims and energetic married woman is found
beat the life out of, duplicated or gone to suicide. Savagery
against woman is another ponder. ladies need to hold up
under the devours of private, open, physical and moreover
energetic and rationally brutality against them, which
impacts her status in the overall population at the greater
degree. The insights of expanding violations against ladies is
stunning, where ladies are subjected to viciousness assaults
i.e., Foeticide, child murder, therapeutic disregard youngster
relational unions, lewd behavior at home at home and also
work places ans so on. In all the above cases ladies is
considered as disturbed person3.
CAUSES AND CONSEQUENCES OF VIOLENCE AGAINST
WOMEN
There is no one single factor to account for violence
perpetrated against women. Increasingly, research has
focused on the interrelatedness of various factors that could
improve our understanding of the problem within different
cultural context There is no one single factor to account for
violence perpetrated against women. The important cultural
factors are gender-specific socialization, cultural definitions
of appropriate sex roles, expectations of roles within
relationships, belief in the inherent superiority of males,
values that give men proprietary rights over women and
girls, notion of the family as a private sphere and under male
control, customs of marriage (bride price/dowry) and
acceptability of violence as a means to resolve conflict. The
important economic factors responsible for domestic
violence are women’s economic dependence on men; limited
access to cash and credit; discriminatory laws regarding
inheritance, property rights, use of communal lands and
maintenance after divorce or widowhood; limited access to
employment in formal and informal sectors; and limited
access to education and training for women. The important
legal factors are lesser legal status of women, either by
written law and/or by practice; laws regarding divorce, child
custody, maintenance and inheritance; legal definitions of
rape and domestic abuse; low levels of legal literacy among
women; and insensitive treatment of women and girls by
police and judiciary.
Although alcohol and poverty are often identified as causes,
they are triggers or contributing factors to violence. They are
not the root cause of violence.
The physical consequences are physical injuries - fractures,
concussions; poor health - chronic pain, gastrointestinal
disorders, permanent disability; and death due to homicide
or suicide. The sexual consequences are unwanted
pregnancies; sexually transmitted infections, including HIV;
miscarriages; and low birth weight babies. The emotional
consequences are unhappy relationship with partner;
emotional distance from, and mistrust by, children; stress,
depression, hopelessness, lack of satisfaction, panic
disorders, low self-esteem; and drug and/or alcohol abuse.
The economic consequences are loss of economic
productivity; fewer hours worked due to injury and illness;
and reduction in family and community incomes as a result
of costs of treatment.
The important political factors are under-representation of
women in power, politics, the media and in the legal and
medical professions; domestic violence not taken seriously;
notions of family being a private sphere and beyond control
of the state; risk of challenge to status quo/religious laws;
limited organization of women as a political force; and
limited participation of women in organized political
system.4
EFFECT ON THE VICTIM AND FAMILY
Battered ladies need affinity should sit tight calm, anguished
and earnestly pestered after the occasion of the tormented. A
mental set back furthermore harm because of harsh conduct
at home impacts ladies benefit altogether sorts for claiming
an aggregation. Those sucide serial attacker example about
such defrauded ladies may be Moreover an disappointment
result and the amount for such instances will be growing . A
working Indian women may drop out from work put as a
result of the evil treatment at home or office, she may lose
her wastefulness in work. Her well being may fall apart in
the event that she is not well physically and rationally. A few
ladies leave their home instantly after initial couple pf
monstrous assaults asn attempt to wind up noticeably selfsubordinate. Their survival ends up plainly troublesome and
difficult when they need to buckle down for acquiring two
suppers per day.
Numerous such women gone under safeguard of women
welfare associaltions like Women Welfare Association of
India (WWAI), Affud women Welfare Affiliation (AWWA)
and Women's Emancipation and development Trust
(WEDT). Some of them who leave their homes are stringly
required in ladies trafficking and erotic entertainment. This
outcomes in procuring a higher danger of turning into a
medication someone who is addicted and experiencing
HIV/Helps.
4
3
Black, et al. A Study of Battered Women in a Psychiatric
Setting, in Women and Therapy 1982;13.
Causes and Consequences available
at https://www.nap.edu/read/5127/chapter/5#51lastvis
ited on april 9,2019.
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EFFECTS OF DOMESTIC VIOLENCE ON SOCIETY
All the diverse types of violence talked about in this
exposition a Household violenceersely influence the general
public. Savagery against ladies might stay with them secured
homes capitulating the tormented they face. On the off
possibility that they turn out in open Furthermore uncover
the betyad done on them to help Furthermore protect, it
affects those overall population both vehemently and
oppositely. Towards one hand the place it dives something
like Concerning illustration An inspiration and shaft of
search following other persisting ladies, of course it similarly
remnants nature's domain of the overall population. The
point when something for this sort happens in the all public,
couple about groups might witness the wickedness about
harsh conduct at home pounding their passage steps. A
couple groups endeavor to duplicate what others appreciate
autonomous from claiming it being incredible alternately
alarming the gang.
EFFECT ON THE PRODUCTIVITY
As determined some time recently , forceful conduct at home
inpacts the proficiency level of the casualty contrarily. Men
and ladies lose eagerness for family works out. If they are
used they disregard to work with dull capacities in
workplace. kids are found to concentrate less on thinks
about. They drop out of school and don't get the guideline
which else they may have in case they were not tormented
and in this manner the county losses a beneficial asset. Along
these lines, the country's efficiency through gets influenced
as a result of abusive behavior at home in homes. At the
point when old individuals are tormented and physically
mishandled, they isolate themselves from relatives and their
day by day exercises are confined to themselves. Individuals
need to spend their piece of salary for prescription when
they are met with more terrible types of aggressive behavior
at home which again prompts misfortune in gainful
utilization of family's pay . They aggregate impact of the
abusive behavior at home at all levels and over all locales is
the nation's upset improvement and moderate financial
develpoment5.
MISUSE OF DOMESTIC VIOLENCE ACT
The aggressive behavior at home act hereinafter alluded as
dv act which was consolidated in the year 2005, The
fundamental motivation behind this demonstration is to
keep women just from abusive women behavior at home,
from the uncovered pursuing of the meaning of the
demonstration we can see that the expression "wronged
individual" incorporates just women at standard with men
and there have been numerous frequencies where a women
are included in affront, embarrassment , Verbal and
psychological mistreatment to men. It is not an uncommon
plausibility that ladies are enjoying aggressive behavior at
home against men yet this is a reality, our constitution
ensure equity, implies men and ladies just and not for men,
why ladies are secured and why there is assumption that
men is the main sexual orientation which can do
mercilessness, abusive behavior at home on ladies, why not
the other way around6.
5
Supra note at 1.
Misuse
of
Domestic
Violence
Act,available
at:http://www.lawyersclubindia.com/Articles/Misuse-ofDomestic-Violence-Act-5409.asp,visited on 9.4.2019.
The dv act has given an undue favorable position to the
women and it is the most deadly weapon can use against
men to blackmail, misuse, and debilitate men group simply
like mongering. The dv act has arrangements like
appropriate to habitation paying little mind to legitimate
ideal on the property, support. The arrangement in law
makes the law effectively helpless against abuse. Which is a
reality measurements have demonstrated that exclusive 2%
of the considerable number of cases have brought about
conviction and 98% of the cases are esteemed to be fake and
there is no arrangement in dv act if a fake case is stopped at
that point there is no arrangement for discipline for the
ladies. For the name of insurance of ladies the arrangement
of pure men is against the govern of law, A ladies can abuse
the law effectively like for instance A men can be reserved
under DV Act on the off chance that she feels that she has
been offended. Affront is a relative term, which is completely
left to her tact. Curiously , on the off chance that affront and
misuse law, even the minor contrasts in marital ties could
conjure the arrangements of DV act, also the methodology of
law is represented by CRPC that implies a man
notwithstanding making a light affront to a ladies is dealt
with like a criminal, if the cases is false the notoriety of man
and his family is polluted and there are no means or lawful
insurance accessible to men to ensure his notoriety .As it
were this law treats men like sitting ducks7.
LOOPHOLES IN IMPLEMENTING DOMESTIC VIOLENCE
ACT
Though the Domestic Violence Act, 2005 guarantees justice
to women who suffer domestic violence, but the Act hasn't
been implemented properly and there is a dire need to raise
awareness among people, especially in rural India.
Considering the fact and problems regarding the domestic
violence, government of India framed Protection of Women
from Domestic Violence Act 2005, which came into force on
October 26, 2006, but as far as the justice is concerned,
victims are less aware about the provisions of the Act.
As per the Act, the victim can directly approach the
Protection Officer (PO) for justice. But, it is found that, not a
single person has directly approached PO in any domestic
violence case. Most of the time, victims approached the
police and then they informed the POs about the case. She
said, “Government delivered the charge of Protection Officer
to senior officers who already have other responsibilities.
And those officials who are appointed as Protection Officers,
are unaware about their responsibility. Similarly, no
recruitment of Protection Officer was done in last seven
years.”
As per the survey, the victim should get protection within 60
days of the registration of a case. Even, the first hearing will
be done within that 60-day period, but due to the delay by
officials it takes a long time. Most of the time, the cases reach
the officials at the last stage of the domestic violence, due to
lack of awareness.
Women are the soft targets for domestic violence, but 88 per
cent Protection Officers are male and just 12 per cent are
female. 52 per cent lawyers who deal with domestic violence
are male and 48 per cent are female.
6
7
Ibid
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To solve the domestic violence cases, experience is the most
important factor. As per the survey, 30 per cent Protection
Officers have the experience of more than 25 years while 28
per cent lawyers have the experience of 5 to 10 years8.
CASE LAW:
In, Kailash v.State of M.P
Wife died under suspicious conditions. Court held that
regardless of the possibility that passing is not caused bu
consumes or substantial damage in the event that it occurs in
surprising course and evidently under suspicious conditions
that can be brought under the domain of S. 304 B IPC9.
Again in, Ram Badan Sharma v. State of Bihar
There was steady request of settlement and on account of
not satisfying it, spouse was subjected to harassment,
embarrassment and constant beating by husband and inlaws. They were indicted under Sec. 304 B of IPC
The marital home is the family unit a women imparts to her
better half, regardless of whether it is leased, authoritatively
given, or claimed by her significant other or his relatives. A
women has privilege to stay in the wedding home alongside
her better half the length of she is hitched. On the off chance
that a women is being pressurized to abandon her marital
home, she can approach court for a directive or limiting
request shielding her from being tossed out10.
The Supreme Court in the case of D. Velusamy vs. D.
Patchaiammal Held that, a relationship in the way of
marriage under the 2005 Demonstration should likewise
satisfy some fundamental criteria. Simply putting in closure
of the week together or a one night stand would not make it
a private relationship . It similarly held that if a reason or
possibly as an employee it might not, as we want to believe ,
be a relationship in the method of marriage11.
government-run shelter for battered women in Papua New
Guinea. The Bank can also urge governments to take action
in all of the ways suggested here, in consultation with
women's NGOs and advisors with experience in combating
violence, pushing legal reform, and working with victims.
Much of the necessary preventive action will require
persistent and extensive work through the Bank's sectorial
divisions, and a commitment to community-based
organizations,
public
education,
and
women's
empowerment. In the short run some of the most effective
action can be taken by health and family planning agencies
and providers. As Racquet Edralin Tiglao, director of the
Women's Crisis Center in Metro Manila, observes,
recognizing violence as a health issue is an essential first
step. When "iced by an interviewer about the most
important thing that we can do about violence against
women, she replied that:
People should start taking violence seriously, particularly
health organizations because it is a life threatening issue.
When you're talking of family planning, why are there
women who cannot do family planning? You must see
whether some of these women are actually battered women
who have no choices. Or those who seek abortions? They
could be rape or incest victims. They should be asked. If
health workers would be more vigilant in detecting incidents
of violence against women, we could make people more
aware that this is a very crucial issue for women's health and
women's lives. (Datinguinoo 1991.)
CONCLUSION
Domestic violence is one of the most horrendous kinds of
abuse suffered women in our society today. The statistics
show that 85 percent of domestic violence victims are
female. Only 15 percent of victims are men. Domestic
violence can happen to anyone, it does not matter the race,
creed, religion, or standing in society of the victim. If the
issue of domestic violence is not dealt with in a manner,
which is sufficient, then this type of abuse will continue
among all classes of society with no ending. In order for us as
a society to eradicate this horrendous type of abuse, we need
to stand together and make tougher laws, which will protect
the victims of this abuse.
World Bank can help encourage governments, other lenders,
and the world community to do likewise. As a financial and
policymaking institution with considerable leverage, the
Bank could lend visibility and legitimacy to the issue by
incorporating violence into its policy-oriented sector work
on poverty, health, education and women in development,
and by supporting projects addressing violence against
women. Already the Bank is supporting the construction of a
8 Loopholes in Domestic Violence Act available at
http://www.merinews.com/article/loopholes-in-domesticviolence-act/15876451.shtml,visited on 10.4.2019.
9 Kailash V. State of M.P AIR 2007 SC 107.
10 Ram Badan Sharma V. State of Bihar, (2006) SCC 2855.
11 D. Velusamy V. D.Pathaiammal,(2010)10 SCC 469
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